This course explores the relationship between economic and philosophical theories of contract law. The first half of the seminar will introduce students to economic and philosophical theories of contract law by reading core scholarship introducing and engaging in each. The second half will focus on understanding the relationship between both kinds of theories by reading core scholarship that raises or engages that question. Students will have several graded writing assignments and presentations throughout the semester, which together with their participation will provide the basis for determining their final grade. The seminar is designed to explore the foundations of a book project on which Professor Kraus is collaborating with Professor Robert E. Scott. Professor Scott will attend and participate in the seminar sessions. In addition to scholarship by Professors Kraus and Scott, reading assignments may include work by Jules Coleman, Richard Craswell, Randy Barnett, Peter Benson, Curtis Bridgeman, Charles Fried, Andrew Gold, Dori Kimel, Daniel Markovitz, Richard Posner, Seanna Shiffrin, Stephen Smith, Michael Trebilcock, and others.
Grading will be based on required papers and class participation.